Justices say law on offensive trademarks is unconstitutional

Roberto Lindsey

The case before the Supreme Court involved a musician, Simon Tam, who was denied trademark registration for the name of his band, The Slants, under the Lanham Act.

Supreme Court judge Samuel Alito said the patent office could not refuse to register the group's name because it was deemed disparaging. Courts had long ruled that it didn't violate the First Amendment because it doesn't actually bar the real-life use of the offending mark, nor does it prevent the owner from enforcing common law trademark rights.

During oral argument in January, several justices said provocative names are chosen by individuals and organizations to express their views or as advertising. A federal appeals court in Washington later said the law barring offensive trademarks is unconstitutional.

The justices were unanimous in saying that the 71-year-old trademark law barring disparaging terms infringes free speech rights guaranteed in the Constitution's First Amendment.

That appears to mean that the Redskins also will be able to continue using their name, even though it offends people as well.

A federal court initially sided with The Slants, and today the Supreme Court did so too, unanimously, in fact. But past year, it allowed Texas to ban specialty license plates featuring the Confederate flag because it was considered a form of government speech.

Snyder has repeatedly insisted he will not change the team's name despite continuing objections by Native Americans.

"The Supreme Court vindicated the team's position that the First Amendment blocks the government from denying or cancelling a trademark registration based on the government's opinion", Blatt told the Associated Press.

Tam's case pits supporters on one side who argue they are fighting for free speech rights, and opponents who warn a Slants victory will require government approval of all kinds of hateful racial slurs, including the N-word. The same is true for the Redskins, but the team did not want to lose the legal protections that go along with a registered trademark.

Patent and Trademark Office spokesman Paul Fucito said the agency was reviewing the decision. The protections include blocking the sale of counterfeit merchandise and working to pursue a brand development strategy.

Thomas shoots 63; breaks US Open recordJun 19, 2017 - 00:06
Rickie Fowler is 1 under through four holes and tied for third with Tommy Fleetwood at 11 under. "I've pictured winning the U.S. But Thomas' lead, which sat at two shots after he eagled 18, lasted only temporarily as Fleetwood and Harman each birdied Nos.

58 missing, presumed dead in London fire : London policeJun 19, 2017 - 00:04
May herself had come in for a barrage of criticism for failing to visit residents and her response to the disaster. The tragedy has provoked a big response from nearby communities that have donated food and shelter to the victim.

Wife: Man who shot congressman wanted to work on tax policyJun 18, 2017 - 00:09
Representative Steve Scalise , two political staffers and two Capitol Police officers sustained gunshot wounds from the rampage. Trump, who visited Scalise at the hospital on Wednesday, said Scalise was "in some trouble but he's going to be okay, we hope".

Former NBA player Dennis Rodman arrives in North KoreaJun 18, 2017 - 00:08
Warmbier was released by North Korea , where he was serving a 15-year prison term with hard labor for alleged anti-state acts. He said he is "just trying to open a door" on a mission that he thinks his former "Celebrity Apprentice" boss would support.

Chelsea first opponents for Spurs at new 'home' WembleyJun 15, 2017 - 02:05
Everton host Stoke, Southampton face Swansea and West Brom are at home to Bournemouth in the other opening day matches. Rafael Benitez's men beat Spurs 5-1 at St James' Park the last time they played a Premier League game.

Tim Farron quits as leader of Liberal DemocratsJun 15, 2017 - 01:55
But the party failed to return nearer to their 2010 level of 57 seats, despite hoping to attract the support of pro-Remain voters. While questions about his faith were legitimate, he said they "distracted" from the party's election campaign.

BDE: Israeli Killed In NYC 'Citi Bike' AccidentJun 14, 2017 - 05:38
A New Jersey native & Rutgers University graduate who firmly believes it's better to be lucky than good. In recent years, bicyclists in NY have said city leaders have not done enough to protect riders.

Jurors in manslaughter trial of Minnesota cop review videosJun 14, 2017 - 05:37
They also argued that Castile had smoked marijuana before the traffic stop and was stoned, which influenced his actions. Yanez testified Friday that he meant that he didn't know where the gun was "up until I saw it in his right thigh area".

Apple Now Allows Users to Tip with In-App PurchasesJun 13, 2017 - 07:25
They have to use Apple's official API, which allows users to provided a rating from 1-5 stars without actually leaving the app. Under the new rules, developers will no longer be able to display review prompts however and whenever they'd like.